Can a recent investment qualify for EB-5?

We just bought a winery and undeveloped land recently, but it was before we knew about the EB-5 program. Would it be possible to use this investment for the EB-5 program if we apply right now? If not, what steps can we take to make this investment qualify?

There are two types of EB5 investments. First, and the most popular are those made through a regional center typically involved pooled investors serving in a limited management role with the jobs created indirectly. Regional center-based investments represent about 95% of all applications filed with USCIS. The second type of EB5 investment comes in the form of a single entrepreneur investing directly into his own new small business. In this situation, the investor is responsible to directly manage the new company and to directly create a min of ten new full-time, permanent employees. In your question, you would appear to fall into the second type of EB5 investments, those made my an entrepreneur seeking to own and operate his own new company. You should definitely explore if your investment qualifies for EB5 visa benefits and possibly for E-2 visa benefits. There are many issues you must assess to determine eligibility of your investment in the winery, including: minimum investment amount, job creation, and source of funds. Our law firm assists investors in both EB5 programs.

The first step is to retain an experienced EB-5 attorney. We will have to determine if the winery is already in existence and to what extent is operating. Please note EB-5 funds can be committed to a new winery already in existence or a winery which is not operating and needs refurbishment. You can use the EB-5 funds for construction and/or operations if the winery but will have to show the required job creation as a result of the EB-5 investment.

Perhaps, but I would need more facts. Note, the intent of EB-5 is the creation of jobs. Purchase of land would not create jobs but purchase of a winery may if it is indeed creating jobs. However, if this is an existing enterprise that has been purchased, then there are more complicated questions afoot. I would be happy to offer you a complimentary consult to further discuss.

Definitely. EB-5 is for investing $1 million (or $500,000 if in rural area of less than 20,000 in population) in a new business enterprise and creating 10+ full-time, permanent jobs. If you think your recent purchase meets these criteria, please consult an experienced EB-5 attorney.

Yes, that can certainly qualify. However, certain steps need to be taken relatively quickly in order to ensure that it does in fact qualify. We would be happy to assist with the application. You can contact me for assistance.

If the value of the investment was $1 million and you will have at least ten employees at the end of the two year period, with all the necessary documentation you should be able to qualify. You can apply right now.

In some cases yes. I helped a dairy owner get a green card via EB-5. But there are many detail to review to determine if the investment qualifies for an EB-5 green card. I am pleased to have a free call with you. I also have represented a number of wineries.

The short answer to your question is yes, there is a way to leverage an existing investment for EB-5 purposes. To determine whether your particular investment would qualify for the EB-5 program, we would need to understand the details of the transaction (investment itself) as well as your business strategy for generating the requisite 10 jobs (the basic requirement of the EB-5 program). If you are interested, we will be happy to set up a consultation to discuss in more detail.

EB-5 program has its own unique requirements. As such, careful planning in advance is needed to ensure success. It is highly unlikely that your investment will qualify for EB-5 because you most likely did not properly structure your investment with EB-5 in mind. If you have any questions or concerns about this matter, please feel free to contact me.

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